The applicant wishes to amend a previously approved Special
Exception under Zoning Ordinance Section 3-19; Mining,
Quarrying, Mineral Processing; which would allow the plant
to operate for an indefinite period of time, with the
applicant submitting documentation of compliance with all
requirements to the Board of Supervisors every three (3)
years.

Project
Information:

On September 29, 2005, the Planning Commission held a public
hearing on this item. The hearing was closed and postponed
to allow for a Planning Commission site visit (October 17,
2005) and Special Exception condition refinements.

The
applicant has worked diligently to respond to staff
requests. Several meetings were conducted with staff and
Commissioners Meadows and McCarty to further refine the
Special Exception Conditions. In addition, staff had the
County’s consultant; Emery and Garrett Groundwater, Inc. (EGGI)
review Luck Stone’s groundwater monitoring regime and its
hydrogeology reports. The proposed conditions in this
report now reflect that input. The Planning Commission is
scheduled to act on this application at its December 7th
meeting. Staff will present any changes to the proposed
conditions of approval at the Board’s 11:00 a.m. agenda
review on December 8, 2005.

Background:

Luck Stone
Corporation was granted approval of a Special Exception
(Category 19) for quarrying activities on November 17,
1987. The initial Special Exception approval was valid for
five (5) years with a subsequent renewal period of three (3)
years. On April 5, 1994, the Special Exception was amended
to extend the renewal periods to twelve (12) years; renewal
would also include review by the Board of Supervisors.
Thus, the current Special Exception’s twelve-year period
would expire, or require renewal by April 5, 2006.

The
applicant proposes to delete the Special Exception condition
referring to this time period for renewal/review and thus
allow for an indefinite period of operation. This
provision would include language, via a condition, that a
report would be submitted to the Board of Supervisors every
three (3) years thereafter, documenting that the use of the
property was in compliance with all Special Exception
conditions, per Section 5-1903 (2b) of the Zoning Ordinance.

The
Bealeton Plant parcel is approximately 392 acres in size.
Luck Stone has been operating in Virginia since 1923. It
has been operating in Fauquier County since 1987. The
applicant states it has established a very good track record
over the past eighteen (18) years and that it operates
responsibly. Further, the applicant notes that Luck Stone
Corporation and its employees have a tradition of community
involvement. The Bealeton Quarry has also been recognized
for its business and operational practices with numerous
industry awards.

This
application request would not change any use or activities
at the site. The operational lifetime for the quarry, given
today’s market conditions, is approximately 50 years.

Land Area, Location and Zoning:

The property is located on the southwest side of Marsh Road
(Route 17) at 11603 Luck Stone Road in Bealeton. It is
zoned Rural Agricultural (RA) and Industrial (I-2); the
industrial portion of the property is within the Bealeton
Service District. A map of the property is shown below
outlined in orange.

Neighboring Zoning/Land Use:

The subject property is currently
zoned Rural Agricultural (RA) and Industrial (I-2). It is
bound by Industrial (I-2) and Residential (R-4) zoned
parcels to the north; I-2 and RA to the east; Residential –
Manufactured Dwelling Park (MDP) and RA to the south; and RA
to the west.

On September 29, 2005, a public hearing was held on this
item and on December 7, 2005, the Planning Commission will
consider recommending approval of this item, subject to the
following conditions:

1.The Special Exception is granted for and runs with
the land (392 +/- acres
owned by Luck Stone near Bealeton, VA and the subject of a
November 17, 1987 Special Exception approval “the Property”)
indicated in this application and is not transferable
to other land. Review by the Board of Supervisors shall be
required if operation of the stone quarry on the Property is
transferred to a new quarry operator (hereinafter, the
“transferee”). A transferee may continue to operate under
this Special Exception if, prior to the transfer, a
transferee is determined by the Board of Supervisors to be
an acceptable operator of the stone quarry located on the
Property. A determination of a transferee’s acceptability
shall be initiated by a written request from the Applicant
to the Board of Supervisors. Upon receipt by the Board of
Supervisors of a written request by the Applicant and
required supporting documentation, the Board shall have 120
days to review the request and issue a determination as to
the acceptability of a transferee. Supporting documentation
to be considered by the Board shall include: (i) a financial
report that demonstrates a transferee’s financial ability to
comply with all applicable rules and regulations, (ii) a
letter from the state agency responsible for the regulation
of stone quarries of up to three (3) states in which a
transferee owns or operates a stone quarry facility, if any,
indicating whether a transferee is in compliance with all
applicable state rules and regulations, and (iii) a list of
each locality in which a transferee owns or operates a stone
quarry, if any. This 120-day review by the Board of
Supervisors is not intended to constitute a new Special
Exception application, and approval of a transferee shall
not be unreasonably withheld.

2.This Special Exception is
granted only for the purpose(s), and/or uses indicated
in the original application that was approved November 17,
1987 and as shown on the
schematic plan, Exhibit “A” submitted with the application
for the November 17, 1987 Special Exception approval
(“Special Exception Plat”) approved with the
application and all purposes and/or uses shall be in general
conformance with the Special Exception Plat, as qualified by
these development conditions.

3.This Special Exception shall be granted for
twenty-one (21) years from the date of Board of Supervisors
approval.

4.Best Management Practices (BMPs) with emphasis on
minimizing noise, dust, odor and vibration shall be
implemented for use of all crushing equipment and associated
equipment.

5. Fugitive dust shall be suppressed by use of water
spraying activities. No oil-based products shall be used
for suppression of fugitive dust.

6.Access to be directly to U.S. Route 17.

7.Associated uses such as asphalt and concrete plants
to be located within the related use area to minimize impact
on adjacent uses and appropriately screened as is
necessary. The determination of location and screening to
be finalized during the site plan process.

9.Truck deliveries and pickups, other than during
normal hours of operations, shall be allowedfor emergency situations, or for federal, state or
local government projects or public utilities requiring
off-hour truck deliveries or pickups. The expanded hours
shall not adversely impact the surrounding properties.

10.Truck deliveries and pickups, other than during
normal hours of operations, for exceptional situations, not
categorized in the above item #8, shall be granted pursuant
to approval by the Zoning Administrator.

11.Blasting schedule shall be Monday through Friday from
8:00 a.m. to 5:00 p.m.; except in the case when a blasting
charge has been set before 5:00 p.m. and there is an
unexpected delay (e.g. thunderstorms in the summer) that may
create an unsafe condition. In such a case, the Applicant
may then complete the blast after 5:00 p.m., but no later
than 30 minutes after sunset.

12.All blasting shall be seismograph monitored. Program
to be approved by state or local government in conjunction
with site plan approval.

13.No bulk blasting materials shall be stored on the
subject property. For the purpose of this condition bulk
blasting materials shall mean those large quantities of
blasting materials/agents that are currently delivered to
the Property on the day of the blast.

14.Operation of rock moving equipment from the quarry to
primary crusher limited to between 7:00 a.m. and 6:00 p.m.,
Monday thru Saturday.

15.Truck loads not to exceed legal capacity limits;
except during a declared local, state or federal emergency
situation.

16.Upon request by Fauquier County, Luck Stone shall, at
its expense, erect a street light to illuminate the entrance
to the quarry on Route 17.

17.Adverse impact
resulting from a violation of any condition of the Special
Exception, as
determined by the Board of Supervisors based on competent
analysis shall be the responsibility of Luck Stone to
correct to the satisfaction of the County.

Concerns have been raised to Fauquier County regarding the
potential long-term impacts that quarry operations may have
on local groundwater resources. The depth of the quarry pit
is currently 80-90 feet below grade. The maximum excavation
depth is anticipated to be approximately 350 feet. It is
important to the local constituency and to the County that
the excavation process throughout the life of this quarry
does not adversely influence either the quality or the
quantity of groundwater produced from existing residential
and/or local community water supply wells.

The Groundwater Monitoring Plan shall be prepared and
include an assessment of the adequacy of existing monitoring
wells (location, depth of construction, etc.), as well as a
hydrogeologic assessment of the quarry and the neighboring
area. This associated investigation shall include the
following work efforts, unless the
Director of Community Development approves a change of scope:

a)Assess on site hydrogeologic setting (through
the use of geologic mapping, photolineament analysis, and/or
geophysical surveys).

b)Evaluate the local bedrock fracture fabric
(identification of faults and other discontinuities in the
rock that could be highly transmissive to groundwater flow).

c)Conduct an inventory of local domestic wells,
based on data from Health Department records, within
2,000 feet of the quarry operation and review construction
details of the Marsh Run Mobil Home Park wells.

d)Determine existing quality of
groundwater from available existing monitoring wells.

e)Assess the potential or existing impacts that
pumping the Marsh Run Mobil Home Park community well has on
the existing quarry monitoring wells.

f)Evaluate the amount of water being pumped
monthly from the quarry as a result of groundwater flow.

Hydrogeologic data
collected as a result of these investigations shall serve to
determine the most beneficial groundwater monitoring
locations around the perimeter of the quarry and to develop
an associated Groundwater Monitoring Plan. It is
anticipated that three to six new monitoring wells will be
identified as a result of this investigation. (Currently,
there are no monitoring wells located west, south, or east
of the existing quarry.)

The Groundwater Monitoring Planshall be
presented to Fauquier County within six months of Board of
Supervisors approval of this Special Exception. This
Groundwater Monitoring Plan shall be reviewed and
approved through the Department of Community Development and
the County’s water resources consultant. The approved plan
shall then be implemented within one year of Board of
Supervisors approval of this Special Exception.
Compensation for the County’s consultant’s
review of the plan shall be
borne by the applicant.

19.Impacts to wells or groundwater in the vicinity of
the quarry, as determined by the Board, and based on
competent analysis to be caused by quarrying or associated
usage shall be the responsibility of Luck Stone to correct
to the satisfaction of the County.

20.The owner shall submit, to the Board of Supervisors,
once every three (3) years, from the date of Special
Exception approval, a report documenting that the use of the
property as approved by the Special Exception is in full
compliance with all requirements of law and respect to the
maintenance and conduct of the use, with all of the
requirements and the standards of the Zoning Ordinance and
with all conditions of the Special Exception that were
designated in issuing the same.

21.All local, state and federal regulations shall be met
and the applicant shall submit this documentation every
three (3) years to the Zoning Administrator to demonstrate
compliance. This shall include, but not be limited to,
permit information, aerial maps from Virginia Department of
Mines, Minerals and Energy (DMME) annual submittals and any
other pertinent data.

22.Buffer to be left in a natural state except where
berming has been approved in the site plan process. Mobile
home park buffering is first priority; berm to be competed,
stabilized and planted within two years.

23.The buffer between the related use area and the
Mobile Home Park shall be a minimum of 350 feet and the berm
contained therein shall be at least 25 feet in height.
Berming shall not cause increased flooding on adjacent
properties.

24.Security fencing shall be required on the perimeter
of the site (pit) designated for quarrying activities.

25.Any loose stone at the entrance on Route 17, in the
crossover at Route 17 or in the acceleration/deceleration
lanes shall be removed by Luck Stone on a daily basis.

26.Luck Stone Corporation shall reimburse Fauquier
County Water and Sanitation Authority (WSA) for any
construction/relocation costs, if any, attributed to the
quarry operation, upon determination by the Board and upon
evidence by competent authority.

27.If traffic generated at the Property conflicts with
school bus operation at Liberty High School and the junior
high school, out loading can be discontinued for a period of
30 minutes prior to school and 30 minutes after school is
dismissed. Determination to be made by County Board of
Supervisors upon request of School Board or the Virginia
Department of Transportation (VDOT).

28.All external lighting sources shall be shielded so
that lighting is directed downward and source is not
directly visible from neighboring properties and the
applicant shall meet the standards set forth in the Fauquier
County Zoning Ordinance Section 9-1000: Outdoor Light
Control and Section 9-900: Glare Standards.

29.Associated uses in this permit shall include asphalt
and ready-mix concrete facilities or a similar type of
industry; new approvals shall be subject to determination of
the Zoning Administrator and Site Plan approval.

30.At the time the quarry is no longer in use, applicant
shall grant a non-exclusive easement to the County to permit
the construction and maintenance of a water withdrawal or
intake structure(s) and water pipes to permit the quarry to
be used by the County as a water reservoir. The appearance
and location of such structures and water pipes shall be
mutually agreed upon between the County and applicant so as
to avoid any adverse impact to the future development and
activities on the Property. In the event that the quarry is
to be conveyed from the applicant after its use has been
terminated and it has been reclaimed in accordance with
applicable state and federal law and these conditions, the
applicant shall afford the County a first right of refusal
to purchase the quarry at the price agreed upon between the
applicant and the prospective purchaser. The County shall
have 120 days to determine whether to exercise the right of
first refusal. The applicant shall enter into a written
agreement with the County memorializing this first right of
refusal, which shall be in recordable form.

31.Final reclamation of the site
shall not adversely affect surface waters or cause permanent
reduction in the quality or quantity of groundwater
reasonably available to future users.

32.A detailed analysis of the impact of the encroachment
of fill material, placed by Luck
Stone, into the floodplain shall be performed by Luck
Stone in conformance with County
standards. This study shall be submitted to the
County for review and approval and then to FEMA
for consideration. The
as-built floodplain analysis must be compared with the
pre-developed flooding condition.
In general, the floodplain analysis should begin at
approximately the confluence of Craig Run with Marsh Run and be
computed upstream to the point at which the post-developed
flooding condition ties to the pre-developed flooding
condition. The study shall be initiated immediately and
submitted to the County for review
within one (1) year of the Board of Supervisors
action date. Upon approval by the
County, Luck Stone shall submit to FEMA within 60 days.

Staff
Analysis

Staff and the appropriate referral agencies have reviewed
this request for conformance with the Comprehensive Plan,
the Zoning Ordinance, and other relevant policies and
regulations. Findings, comments, and recommendations are
summarized below. The actual responses from referral
agencies are available upon request. The majority of
referral agencies had no issues with the proposed use of
this existing facility; and therefore, had no comments.

Zoning

The Zoning
Office provided the following comments:

1.The applicant requests no changes to the existing
approval other than an extension of time and elimination of
any time limit on this and future extensions. Staff would
note that the time limit serves two basic functions. One, it
allows the Planning Commission/Board of Supervisors to
evaluate compliance with conditions and requirements; and,
two, it provides an opportunity for the Planning
Commission/Board of Supervisors to review the use and add
conditions and/or restrictions as necessary to ensure
continued compatibility with surrounding land uses, which
may change over time.

2.While zoning enforcement methods are available
to ensure continued compliance with existing conditions
(issue one above), eliminating any time limit on extensions
would eliminate the ability to change conditions over time
as surrounding uses change (issue two above).

Engineering

The
Engineering Department has reviewed the above referenced
Special Exception amendment and has the following
observations and comments:

1.Condition #18 of the original Special Exception
Approval Conditions dated November 17, 1987, states the
following: “Berming shall not cause increased flooding on
adjacent properties.” A review of the project file does not
indicate that a floodplain study was ever completed to
demonstrate compliance with Condition #18. It appears as
though fill material has been placed in the natural
floodplain that most likely has affected the original flood
carrying capacity of the natural floodplain. Further, the
official FEMA mapping of the floodplain has most likely been
affected as well.

2.It is recommended that a detailed analysis of the
impact of the encroachment of fill material into the
floodplain be performed by Luck Stone in conformance with
county requirements and submitted to the County for review
and approval and then to FEMA to have the floodplain
officially revised. This will require that a detailed
hydrologic and hydraulic analysis be performed on the Craig
Run floodplain to determine the actual present day
floodplain based on the as-built condition of the fill
material. In order to determine compliance with Condition
#18 as stated above, the as-built floodplain analysis must
be compared with the pre-developed flooding condition. The
floodplain analysis should begin at the confluence of Craig
Run with Marsh Run and be computed upstream to the point at
which the post-developed flooding condition ties to the
pre-developed flooding condition.

It is
strongly recommended that Item #2 above be made a condition
of any action by the Planning Commission and/or Board of
Supervisors (BOS). Any such condition should require the
study to be initiated immediately and completed within
1-year of the BOS action date.

Summary and Recommendations:

Staff asks
that the Board of Supervisors either consider this item for
approval, per Planning Commission recommendation, or
postpone it to allow for additional refinements, including
consultation with the County’s hydrogeological consultant.

The
applicant has provided requested information immediately per
staff and Planning Commission requests and has attended
several meetings to work out project refinements. At the
time of preparation of this report, further refinements are
underway regarding the conditions pertaining to a
groundwater monitoring plan for the Luck Stone site. In
addition, the County Engineer has recommended a floodplain
study be conducted and that it be a condition of the Special
Exception. This would require that a detailed hydrologic
and hydraulic analysis be performed on the Craig Run
floodplain to determine the actual present day floodplain
based on the as-built condition of the fill material. New
information will be provided to the Board for its
consideration.

Staff also
asks the Board consider the Zoning Office comments regarding
the basic function of a time limit when imposed on a Special
Exception (i.e., potentially eliminating the ability to
change conditions over time if a time limit is removed) when
it determines the appropriate recommendation for this
request.

Identify
any other Departments, Organizations or Individuals that
would be affected by this request: